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Jeff Brody
Litigators Inc.

Illinois Mom Wins $5.5M CP Settlement

An Illinois woman was recently awarded $5.5 million after winning a malpractice lawsuit against the hospital and two doctors who contributed to her son's severe cerebral palsy.

In 2002, Eva Liberato went to the Westlake Hospital in Melrose Park, Illinois to deliver her son, Angel.

Staff Induced Labor Despite Possible Complications

Upon her arrival, Liberato was given medication to induce her labor. While inducing labor can be a viable practice in certain circumstances, it is also controversial, as it can distress infants and cause birthing complications.

Tragically, the ensuing premature labor did result in fetal distress, as Angel's heart rate dropped dangerously low.

Doctor Mistakes Caused Birth Injuries

Rather than having an OBGYN perform an immediate C-section, Liberato's primary care doctor unsuccessfully tried to deliver Angel using vacuum extraction and then forceps – which ended up getting lodged within Liberato's uterus. Soon after, the OBGYN performed a C-section.

However, at this point, Angel had already been seriously deprived of oxygen, causing him to suffer the irreversible brain damage that resulted in his severe cerebral palsy. Angel, now 6 years old, will never be able to walk, talk or feed himself. He will need constant medical care for the rest of his life.

What is Cerebral Palsy?

Cerebral palsy is a crippling, incurable neurological condition that impairs movement, speech and normal development. While the precise symptoms of cerebral palsy will vary according to the severity of an individual's case, common features of this condition include:

• abnormal stride (including walking only on the tiptoes)
• mental retardation
• paraplegia or quadriplegia
• seizures
• spasticity
• speech impairments
• vision and/or hearing problems
• writhing of the extremities

Genetic abnormalities or fetal development problems can cause cerebral palsy. In some cases, however, medical mistakes made during the birthing process can also cause a baby to be born with this condition. Use of vacuum extraction and/or labor-inducing medication put newborns at a significantly higher risk of developing cerebral palsy.

Mother Recovers $5.5 Million for Treatment

Liberato's $5.5 million settlement includes the cost of long-term care that Angel will require for survival. While Liberato's primary care doctor is responsible for paying the largest portion of this cerebral palsy settlement, the hospital and the OBGYN are also contributing to this award.

(Source: Free Advice)

Do you have a family member living with cerebral palsy? If so, contact a cerebral palsy attorney for more information and resources regarding your legal rights.

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